Civil Aviation Order 100.16 Amendment Order (No. 1) 2007

Overview

The Civil Aviation Order 100.16 Amendment Order (No. 1) 2007 was introduced to correct a typographical error in the existing Civil Aviation Order 100.16, which governs the conditions for holders of a certificate of approval related to the distribution of aircraft components or aircraft materials. This amendment was necessitated by a finding from the Senate Standing Committee on Regulations and Ordinances, which identified the typographical error as a potential issue for ensuring the safety of air navigation. The Australian Parliament enacted this amendment to rectify the error and maintain the integrity of the regulatory framework governing aviation safety. The Amendment Order was issued by the Director of Aviation Safety under the authority of the Civil Aviation Act 1988, and it came into effect upon registration. It is also a legislative instrument subject to the provisions of the Legislative Instruments Act 2003, though in this instance, consultation under section 17 of the LIA was not undertaken as the amendment is considered to be of a machinery of government nature.

Scope and Application

The Civil Aviation Order 100.16 Amendment Order (No. 1) 2007 pertains to the Civil Aviation Regulations 1988, specifically addressing the conditions for the holders of a certificate of approval for the distribution of aircraft components or aircraft materials. This order applies to any individual or entity that has been issued a certificate of approval under Regulation 30 of the Civil Aviation Regulations 1988. This includes those involved in the design, distribution, or maintenance of aircraft, aircraft components, or aircraft materials, as well as those training or examining applicants for an aircraft maintenance engineer’s licence. The scope of this amendment extends nationally, encompassing all activities and entities operating within the Australian jurisdiction, thereby ensuring uniform safety standards across the country. The amendment rectifies a typographical error in CAO 100.16, thereby clarifying the conditions under which the certificates of approval may be endorsed. It is noteworthy that while the amendment itself is direct, the broader application and interpretation of the Civil Aviation Regulations 1988 may be further refined through subordinate instruments issued by the Civil Aviation Safety Authority (CASA).

Key Provisions

The key operative sections of the Civil Aviation Order 100.16 Amendment Order (No. 1) 2007 (Amendment Order) focus on correcting a typographical error in Civil Aviation Order 100.16 (CAO 100.16). This amendment ensures that the conditions for the distribution of aircraft components or aircraft materials are accurately reflected. Regulation 30(3) of the Civil Aviation Regulations 1988 (CAR 1988) remains unaffected by this amendment, continuing to allow the Civil Aviation Safety Authority (CASA) to issue certificates of approval and to endorse these certificates with specific conditions outlined in CAO 100.16. The Amendment Order imposes specific obligations on parties involved in the design, distribution, or maintenance of aircraft, aircraft components, or aircraft materials. These entities must ensure their practices comply with the corrected conditions stipulated in CAO 100.16. For those holding a certificate of approval, the amendment necessitates adherence to the updated conditions to maintain the validity of their approval and to continue operating within the regulatory framework set by CASA. Under the Civil Aviation Regulations 1988, any breach of the conditions set forth in CAO 100.16, whether due to negligence or intentional disregard, could result in serious consequences. Although the Amendment Order itself does not introduce new penalties, violations of the conditions as amended could lead to penalties under the Civil Aviation Act 1988. These penalties could include fines, suspension, or revocation of the certificate of approval, potentially affecting the holder's ability to legally engage in specified activities. The exact penalties would depend on the nature and severity of the breach, as outlined in the Civil Aviation Act 1988. The Legislative Instruments Act 2003 (LIA) classifies the Amendment Order as a legislative instrument, subject to tabling and disallowance in the Parliament. However, this particular amendment does not require consultation under section 17 of the LIA, as it pertains to machinery of government matters. The Order was issued by the Director of Aviation Safety in accordance with subsection 84A(2) of the Civil Aviation Act 1988, ensuring that it adheres to the legislative framework governing aviation safety in Australia. The Amendment Order came into effect on the day after its registration, thereby immediately applying the corrected conditions to the relevant parties.